2018-01-25
Android, Chrome, and the Google search engine are a few of the creations that are synonymous with Google. However, like most companies, it did not start with a portfolio of market ready creations, nor did it become a star in a single day. Larry Page and Brin Sergey introduced Google to the world in 1998, when, as a part of their dissertation, they were exploring the mathematical properties of the World Wide Web. They built a search engine, which is now the popular Google search.
Google has come a long way since in the last 20 years and now offers a wide range of products that are used by billions of people across the world. New technologies are constantly emerging and the intellectual property landscape is consistently changing so how does Google leverage patents to protect its innovations?
Google and Patents
There’s no doubt that Google values patents. And, it pushes its boundaries to utilize them as a business asset and maintain competitiveness in the marketplace.
If you look at the company’s history regarding patents, you will see that Google is proactive in acquiring this particular type of intellectual property. In fact, Google applied for a patent even before it registered its website - Google.com. The company is also savvy when it comes to using the fast-track patent examination system. Although the 1990s didn’t see many applications from Google, that changed after 2001. One can attribute this to one of the most significant cases in the Android ecosystem – Oracle vs. Google. Oracle sued Google for copyright infringement in relation to Java. Although it was found that Google's use of the Java script was fair dealings, the litigation was a wakeup call to Google to protect itself from further litigations.
The next year saw Google spend billions on acquiring Motorola Mobility’s smartphone portfolio, which brought in more than 20,000 patents on mobile phones and wireless technologies. This was an intelligent move to protect its repute and smartphones (which were gaining momentum) from ongoing disputes.
But, is Google’s hunger for patents simply a way of protecting its innovation or is Google’s strategy to reform the US patent system? Some sources cite Google’s approach toward patenting as a plan that is executed to resolve the problems in the patent system.
In February 2017, Co. Design released visualisations of innovation signatures for Apple and Google. These signatures show the approach of each company towards innovation and patents. It is no secret that Apple has practiced a business model of, innovate - patent - dominate. The company remains very guarded about its products and its innovation is highly concentrated in the hands of fewer inventors. In contrast to this, Google seems to operate in an open innovation environment. As mentioned in the Co. Design article, ‘Google has a more distributed, open-source approach to new products’. It believes and uses external and internal ideas to advance and innovate. Its previous actions of using Java and acquiring rights to Motorola Mobility’s patents somewhere prove the application of this system. Its patent purchase promotion program is also a great example of its innovating system.
One reason behind this mode of operating could be that it deals in varied technologies and being open to ideas makes it easier to innovate. But, if scratched deeper, this could point to an agenda to weaken patent rights or the US patent system. Critics of the patent system have long believed that the current patent system stifles innovation. Being open to sharing ideas can promote innovation. And, that is what Google is doing.
But, is an approach like Google’s a path to success? Or is a guarded approach like that of Apple the best bet. For now, Google seems to have safeguarded its inventions and built a good defense through its patent strategy. What the future holds for it, we shall wait and watch.
If you need help with your patent strategy, then get in touch with us at Prowse Chowne LLP.
